Supreme Court · 2005 INSC 433 · Decided 20 September 2005
Hindustan Petroleum Corporation LTD. v. Darius Shapur Chenai and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 433 · [2005] SUPP. 3 S.C.R. 388
- Case number
- CIVIL APPEAL No. 2254/2005
- Decided
- 20 September 2005
- Bench
- S.B. SINHA, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 300A; Land Acquisition Act Section 4, 5, 4(1)
Headnote
land Acquisition Act, 1894, Sections 4, 5-A and 6 Nature and Interpretation-Act is an expropriatory legislation and should C be strictly construed as it deprives a person of his land without consent. Section 5-A-Right to make objections-ls a valuable right in favour of a person whose land is of objection must be effective and not mere D formality-Judicial review would lie for non compliance. E F Sections 4 and 6-Acquisitionfor Public Purpose-Formation of opinion as to public purpose must be made on proper application of mind by considering relevant factors and rejecting
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